Forrest for the Trees

Speedy Roo, the mascot of the payday loan lender Speedy Cash, in an Austin advertisement.
Jen Reel
Speedy Roo, the mascot of the payday loan lender Speedy Cash, in an Austin advertisement.

Three months after an Observer investigation exposed how some payday loan companies aggressively pursue criminal charges against their customers, the state body that oversees the industry has issued an advisory telling companies to stop the practice.

State law prohibits payday lenders or debt collectors from “threaten[ing] or pursui[ing] criminal charges against a consumer,” except in limited cases. But, the Observer found at least 1,700 instances in which payday lenders pursued criminal complaints against customers who couldn’t or wouldn’t pay their payday loans. In some cases, people even ended up in jail.

To critics of the unregulated, booming payday loan market in Texas, the criminalization of borrowers—many of whom get trapped in a cycle of debt by rates that often exceed 500 percent—marked a new low in the industry’s tumultuous history.

In the advisory bulletin, the Office of Consumer Credit Commissioner warned payday loan companies that they run the risk of violating Texas laws, including the Texas Debt Collection Act. “For example, if a consumer postdates a check to pay for a payday loan, and that check later bounces, this is not sufficient evidence to show that the consumer committed criminal conduct.”

The bulletin also addresses another shady practice we uncovered: Prosecutors essentially functioning as debt collection services for payday lenders. Although on shaky legal ground, the threats of criminal prosecutions could prove lucrative for cash-strapped districts attorney and lenders alike. The Office of Consumer Credit Commissioner warns that a lender “should not use a district attorney’s hot-check division simply as a means for collecting on delinquent loans.”

Ann Baddour, a consumer advocate with Texas Appleseed, said the credit commissioner has been seeing an “uptick” in complaints related to debt-collection. “It seems that the uptick, in combination with [the Observer] article made them feel they needed to issue the advisory.”

It’s not clear how much impact a simple advisory will have. The credit commissioner has long maintained that the law is clear: Payday lenders can’t even threaten criminal charges, except in some limited circumstances that rarely occur. But the agency’s policing has been spotty. It has no oversight over prosecutors or courts and only catches bad actors when people complain or they find violations during infrequent examinations.

“It will be interesting to see if it actually changes any practices,” Baddour said. “It may change the filing of criminal cases, but I doubt it will change the many threats of criminal repercussions that we hear anecdotally from borrowers.”

"Line in the Sand" rally at The Alamo
"Line in the Sand" rally flyer

Out-of-state and foreign visitors to the Alamo are in for a write-home-about-it treat tomorrow: Hundreds, possibly thousands, of gun-toting activists are showing up for a “family friendly,” “open carry” rally and march dubbed “Line in the Sand.” Organizers are encouraging participants to bring loaded shotguns, rifles and other “long guns” (i.e. non-handguns) to protest what they deem “a illegal ordinance [sic]” that prohibits “carry[ing] a loaded rifle or shotgun on any public street within the city.”

Well, that’s one of the goals, at least. So many gun-rights groups and other interests have been roped into this event—from Land Commissioner Jerry Patterson to conspiracy broadcaster Alex Jones to the Oathkeepers to Michael Vanderboegh, who’s fond of brick-throwing—that it’s morphed into a free-form gunapalooza, with militia overtones. During his show yesterday, Alex Jones called it “the real God-given civil rights movement” and compared the San Antonio effort to Rosa Parks’ sitting at the front of the bus and “Gandhi marching to the sea.”

In a Facebook post today, the organizers wrote, “Our goal is Open Carry of Handguns and this event, will be used as a tipping point landmark example.”

Got that? Bring your loaded rifle to protest in favor of open carry of handguns.

Further complicating things, the organizers are clearly trying to tamp down on grumblings about the safety precautions, especially “voluntary chamber checks” to make sure a round isn’t in the chamber, ready to fire.

One man wrote that he would decline a “chamber flag”—basically a plastic straw stuck into the chamber to indicate that’s it’s empty. “As I understand it, this is supposed to be a line in the sand, not a city-regulated gun show,” the man wrote.

The organizers wrote on Facebook today that they “understand some of these requests may offend some, but please understand that a lot was put on the line for this event for many people.”

The San Antonio police chief has said that his officers won’t be enforcing the offending ordinance but the gun guys are still on high alert:

We should avoid individual movement at all costs. Travel in groups to The Alamo. We don’t want to open ourselves to be picked off one or two at a time. SAPD chief has said on record they will not be enforcing the 21-16 ordinance at this event…. We shall see but it’s best just to cover your rear.

If you’re at the Alamo tomorrow as a tourist, there’s no need to worry that you’re around a lot of paranoid, angry men carrying loaded weapons who might be in a militia.

This event is not a field training….. And showing up in multi-cams,LBVs [load-bearing vests],PCs does nothing more than reinforce the stereotype that we are pushing against….. If you want to dress up in full battle rattle, join a local militia group and attend the FTX’s [field training exercise]… We are Texas patriots at this event, not a standing army. Yelling terms like, “pigs” and “natzi” at police is counter productive to this event. We are trying to foster a positive relationship with law enforcement to prevent negative encounters…. Not encourage them.

We’ll have a reporter and a photographer at the event tomorrow. Stay tuned here.

Blake Farenthold
Patrick Michels
U.S. Rep. Blake Farenthold (R-Corpus Christi)

When we started WTF Friday last week, I was worried that we might have trouble pulling together a collection of crazy, weird and funny quotes every week. Boy was I wrong. With the tea party threatening to blow up the world and election silly primary season well underway in Texas, we are knee-deep in the derp. Our team of news sleuths have searched high and low (mostly low) to bring you only the freshest and finest, locally-sourced artisanal quotes for your reading pleasure.

1) How Low Dew You Go?

“I don’t know about you, but Barack Obama ought to be impeached. Not only for trampling on our liberties, but what he did in Benghazi is just a crime.”
—Lt. Gov. David Dewhurst at a tea party event on Monday

2) My Bloody Mistake

“They’re trying… to turn this state blue. Over my dead, cold blood–cold body.”
—Dewhurst on Waco Tea Party Radio

This one’s actually from last week but it’s such a perfect combination of an inadvertently funny slip-up and an example of Dewhurst’s pandering, we had to include it.

3) These United States (minus New York, California, Connecticut and Massachusetts)

“I get lots of questions all the time, ‘Well, we should secede.’ I say, ‘No, I’ve got a better idea. Instead of succession I’m a proponent of expulsion. I want to kick about four states out of this union.”
—Land Commissioner Jerry Patterson and candidate for lieutenant governor, arguing that there ought to just be 46 states in the Union

4) ‘If you don’t throw in your buck ‘o five/Who will?’

“I feel like my mandate when I was elected was to go reduce the size of government, lower taxes, and increase freedom, and freedom isn’t free, and sometimes you have to make a small sacrifice to move forward with what you’re after.”
Congressman Blake Farenthold (R-Corpus Christi) on his vote against the debt deal

We don’t know if Farenthold, he of the duckie pajamas, is a South Park fan or not but this one’s for you bud.

Sen. Dan Patrick
Patrick Michels
Sen. Dan Patrick delivers a passionate speech in favor of House Bill 2.

In Texas, we are blessed with wide open spaces, great food, friendly people and some of the craziest politicians to ever fall off the turnip truck. Laugh or cry, these guys and gals—especially our excitable tea party friends—say some pretty funny, weird and disturbing things, just about every day. Sometimes they’re speaking on the floor of the Legislature or Congress; sometimes they’re talking to a reporter; sometimes they’re caught on a “hot” mic or recorded by one of their staff or on a cop car camera.

Sometimes the remark is a classic “gaffe”; other times, they might just be speaking from the heart, God bless ‘em. Every Friday we will round up some of our favorite doozies, curveballs, gaffes, head scratchers, political glossolalia and goofball statements. Our only criteria is that the quote provokes a “WTF” reaction. TGI…WTF?

1) “What is the Fox formula? Beautiful women who wear skirts not behind a desk. I mean really…you know? They cross their legs very tightly and sit on a tall stool. That’s part of the presentation. And, uh, very conservative opinion makers and good guests. You know? That’s its 1, 2, 3. That’s how Roger Ailes built his empire.”
—State Sen. Dan Patrick (R-Houston) speaking on his talk radio show this week

2) U.S. Rep. Louie Gohmert (R-Tyler) today, at the annual Value Voters Summit, referred to Sen. John McCain as “a guy who’s been to Syria and supported al-Qaeda and rebels.”

3) “That’s one of the reasons Japan didn’t attack us with ground forces, is because they saw all the guns here. And Chairman Mao, they asked him once, ‘how do you control the people?’ And he said, ‘take away all their guns.’”
—Jollyville chiropractor Mike VanDeWalle, Republican candidate in the House District 50 special election

sxsw eco logo
SXSW Eco

Now in its third year, South by Southwest Eco is part Aspen Ideas Festival, part grassroots movement-building and part corporate branding opportunity—all under the banner of environmentalism. You can feel the competing impulses. At SXSW Eco, there are grassroots activists still glowing from acts of civil disobedience brushing shoulders with brand experts and corporate sustainability officers.

Who owns environmentalism in 2013? Is it a tech entrepreneur with the Next Big Thing? The anti-fracking crusader on the frontlines of the shale play? Or Chipotle sponsoring a panel on sustainable meat and passing out cute packages of cilantro seeds extolling “family farmers” as the company’s “heroes”? Is it all of the above?

And hanging over all of this—increasingly so, with every passing year—is the specter of climate change and the persistent question of what to do, what to do, what to do. In the panels and get-togethers and coffee klatches and mentoring sessions, these currents all pull, sometimes in the same direction, sometimes at cross purposes. Nothing perhaps defined the cognitive dissonance of SXSW Eco than a keynote speech yesterday (“Peak Stuff, Baby Pigeons and the Heartbeat of Cats”) by Adam Werbach, the Sierra Club wunderkind-turned-corporate-consultant-turned-tech-entrepreneur.

In Werbach—whose last book was about teaching corporations how to embrace “sustainability”—it all came together.

While most 23-year-olds are just starting their careers, Werbach was the youngest president of the Sierra Club ever, the hand-picked successor of the legendary David Brower when he took over in 1997. When he left the Sierra Club, Werbach made a break with traditional environmentalism by setting up a corporate consultancy and avowing, in 2004, that he was no longer an environmentalist. Then, in 2005, he went full heretic by going to work for Wal-Mart, a company he had once impugned as “a new breed of toxin.” Fast Company gleefully put him on its cover with the triumphant headline, “He Sold His Soul to Wal-Mart.”

(During his keynote, Werbach appraised his 7-8 years at Wal-Mart as “kind of a mixed bag,” though he added that the company “has taken stigma away from sustainability.”)

From his San Francisco base, Werbach is now peddling yerdle, an app that facilitates the sharing of stuff. Need a shovel to dig a hole once a year? Don’t run off to Home Depot and buy one; get on yerdle and find someone in your network who can loan you one. Cut down on your stuff by 25 percent!

Like almost all of the speakers here, Werbach wasn’t too sunny about the prospects of fighting climate change at this moment of government dysfunction. “Pretty dire,” was the phrase he used. What to do?

“I think we have a baby pigeon problem,” Werbach said. No one ever sees baby pigeons because they stay in the nest until they are fully-formed. Only then do they come into the public spaces where we, humans, see them. So it is with people. We have ideas but they are still on the nest, awaiting their public showing. “That makes me pretty hopeful actually,” Werbach said.

When it comes to having too much stuff, Americans are having a “baby pigeon moment” because we have reached something called “peak stuff,” that moment when we decide we recognize we have the problem of too much.

It’s not an easy realization to come to, Werbach argues, because the human brain is wired for accumulation. Marketers and advertisers certainly know this. “The most powerful word in marketing is ‘new,’” Werbach said. It’s not better we seek, it’s new. The six-bladed razor, not the five-. The squagel.

Werbach said he was inspired to create yerdle after visiting the “savings circles” of Mumbai, India—neighborhood-based networks of families who help each other save and pool resources. From that seed, Werbach came up with yerdle, a kind-of Craigslist for sharers.

Which seems kinda cool and also completely inadequate to any of the staggering challenges Werbach acknowledged. And also wholly unnecessary and missing the point of those Mumbai social circles. How about getting to know your neighbors so you can borrow a damn shovel when you need it? Or living close to your family? Now if you’ll excuse me, I have some squab to go eat.

Barry Smitherman
Facebook.com
Barry Smitherman

Ever heard of Crusaders for Yahweh?

We hadn’t, either, but Barry Smitherman has and apparently he’s upset that the Southern Poverty Law Center has listed the Crusaders of Yahweh—and other “patriot, mormon and judeo-christian religious groups”—as hate groups.

We’re thinking Smitherman, chairman of the Railroad Commission and a GOP candidate for Texas Attorney General, didn’t Google Crusaders for Yahweh. We did and we found two websites apparently associated with the group that display white supremacist language and Nazi imagery.

Turns out Crusaders for Yahweh is a white supremacist organization founded by neo-Nazi Paul Mullet, who’s been in and out of prison and believes Obama is the anti-Christ. The group registered to lobby in Washington, D.C., last year, explaining on its application that it would lobby on “any activities that adversly afect [sic] the White Race.”

The group claims that its “cause is… the advancement and survival of our Racial People’s the true children of Israel [sic].”

(A message left with Smitherman’s campaign was not immediately returned.)

Here’s the backstory: Smitherman wrote an email last year to his daughter’s teacher complaining of “study material provided by the Southern Poverty Law Center” that was apparently used in conjunction with the novel To Kill a Mockingbird. Smitherman wrote to the unnamed teacher that while he didn’t object to studying the book, he believed the SPLC “has a more radical view of racism, hate, and intolerance.”

“I identify myself as a Christian and find it intolerant for the SPLC to label me as intolerant,” wrote Smitherman. “Same with many of the patriot groups that have organized in Texas over the last several years. I personally know members of these groups and they are focused not on racism, but on balancing the federal budget and reducing or eliminating our $16 trillion national debt.”

The tea party group Voices Empower posted the text of the email on its Facebook page today.

“For example,” Smitherman wrote in his email, “the group ‘Crusaders for Yahweh’ is labeled by the SPLC to be a ‘Christian identity’ group and is placed on the SPLC’s ‘hate map. The same with the ‘Evangelical Latter Day Saints’ (mormons), the Jewish Defense League, which SPLC calls ‘anti-Arab’, and the Border Guardians, which is labeled by the SPLC as “anti-immigration.”

In an interview this morning with tea-party group Women on the Wall, Smitherman’s wife, Marijane, said the email worked. “I’m happy to report that at least in my daughter’s class the assignment was discontinued,” she said. “It’s a fight and it’s a war.”

Mark Potok, senior fellow at the SPLC, said Smitherman badly misunderstood the nature of the groups he was writing about.

“Mr. Smitherman needs to relearn how to read, maybe return for a comprehensive reading course,” Potok said. “The idea that criticizing a Christian Identity group is somehow calling him, as a Christian, intolerant is entirely ludicrous. Christian Identity believers believe the bible is the story of white people. … They think that the people who call themselves Jews today are preparing for the return of their biological father, Satan.”

The Jewish Defense League is a militant extremist organization linked to beatings, bombings and assassination attempts, including Republican Congressman Darrell Issa, in the name of repelling anti-Semitism. In 2001, the FBI classified the JDL as a “right-wing terrorist group.”

“JDL has something like a 30-year history of real-life terrorism,” said Potok.

In 2006, the founder of the Livingston, Texas-based Border Guardians, Laine Lawless, urged a leader in the neo-Nazi National Socialist Movement to undertake a campaign of harassment and violence against undocumented immigrants. Lawless also continued to defend fellow border vigilante Shawna Forde after she was arrested for murdering an Arizona man and his 9-year-old daughter in Arizona.

Potok said there is no such group as the “Evangelical Latter Day Saints” and that Smitherman was likely thinking of the breakaway sect the “Fundamentalist Church of Jesus Christ of Latter-Day Saints” (FLDS), whose leader, Warren Jeffs, is serving a life sentence in Texas on two child sex assault convictions.

Full text of the email below (we’ve removed the name of Smitherman’s daughter):

Dear Ms.

This is Barry Smitherman, [name omitted]’s dad. I am presently helping [name omitted] with this project. While I’m incredibly supportive of reading and analyzing “To Kill a Mockingbird,” an American Classic set in the early part of the 20th century in the rural south, I’m troubled by the “Us and Them” study material provided by the Southern Poverty Law Center (SPLC). “To Kill a Mockingbird” not only shows us the tragedy of the Jim Crow south of 60 years ago, played out horribly in the conviction of Tom Robinson for a rape that he didn’t commit, the book also highlights the strength and integrity of Atticus Finch, some of the townspeople of Maycomb, and even apparently a few of the jury members who struggled with their verdict. At the conclusion of the book, Harper Lee has given us hope that the South is moving away from discrimination based upon skin color and toward judging a man (or woman), as Dr. King would say, “not by the color of their skin, but by the content of their character.”

The Southern Poverty Law Center, however, has a more radical view of racism, hate, and intolerance. A quick review of their website shows that the SPLC considers many patriot, mormon, and judeo-christian religious groups across America, including some in Texas, to be hate groups. For example, the group “Crusaders for Yahweh” is labeled by the SPLC to be a “Christian identity” group and is placed on the SPLC’s national “hate map.” The same with the “Evangelical Latter Day Saints” (mormons), the Jewish Defense League, which SPLC calls “anti-Arab”, and the Border Guardians, which is labeled by the SPLC as “anti-immigration.” Equally disturbing, the SPLC calls out groups like “We the People”, “patriots”, The “Constitution Party,” and “oath keepers” as groups which subscribe to unfounded conspiracy theories and are “opposed to one world order”.

I identify myself as a Christian and find it intolerant for the SPLC to label me as intolerant. Same with many of the patriot groups that have organized in Texas over the last several years. I personally know members of these groups and they are focused not on racism, but on balancing the federal budget and reducing or eliminating our $16 trillion national debt.

Perhaps you are unaware of the tenants of the SPLC; I encourage you to research it thoroughly during this exercise and to explain to your students that SPLC, which allegedly fights intolerance, is itself often intolerant. Thanks for your consideration of this issue. Barry

TCEQ Chairman Bryan Shaw
TCEQ
TCEQ Chairman Bryan Shaw

The global scientific authority on climate change released its fifth global assessment this month, finding that human-induced warming of the planet is “unequivocal” and warning that unless “substantial and sustained” reductions in greenhouse gases occur we will cross dangerous temperature thresholds in the coming decades. Meanwhile, a Yale University poll found this month that Texans are not so different than the rest of the country when it comes to views on climate change. A solid majority (55 percent) even believe that the U.S. should cut emissions regardless of what the rest of the world does.

The climate panel at the Texas Tribune Festival yesterday, in contrast, might as well have taken place on some other planet—a planet where the laws of physics are suspended and the mere act of thinking makes things so. Invited to the panel, “The Fight Over Climate Change,” were three climate deniers and two people—a journalist and a scientist/environmentalist—who reflect mainstream views on the issue.

With U.S. Rep. Lamar Smith (R-TX) away in Washington voting to delay Obamacare, and inch the federal government toward a shutdown, that left the discussion evenly “balanced” between the “two sides.” On one side: Kathleen Hartnett White, former chairwoman of the Texas Commission on Environmental Quality and energy analyst with the corporate-funded Texas Public Policy Foundation, and current TCEQ chairman Bryan Shaw. On the other: Ramon Alvarez of Environmental Defense Fund and David Sassoon, publisher of the Pulitzer Prize-winning Inside Climate News.

Moderator Kate Galbraith did her best to challenge Shaw and Hartnett White by pointing out the overwhelming scientific consensus on anthropogenic climate change. And the audience generally responded to the duo with grumbling; one gentleman even loudly said “liar” while Shaw was speaking. But the two stuck to their potpourri of long-discredited talking points and red herrings: the models are flawed (Shaw); warming stopped 16 years ago (White); the IPCC—which produced the recent report—is politicized (Shaw), and the costs of doing something about climate change are too high (Shaw and White).

“Perhaps CO2 may not be the culprit,” said Shaw at one point. Carbon dioxide, he conceded, is a greenhouse gas. But, “we don’t know if additional CO2 is having the additional warming” effect.

Shaw also briefly pointed to the “recovery” of Arctic sea ice this summer as proof-positive that global warming, if it ever existed, has stopped.

During the question-and-answer session, an audience member pointed out that the extent of sea ice in the Arctic hit a record low last summer and this year it was the sixth lowest ever, well below the historical average. The suggestion was that Shaw’s point wasn’t really a point at all, but a flimsy, almost lazy, isolation of a single data point that, given just a bit more context, actually counters Shaw’s argument.

Extent of Arctic summer sea ice
National Snow and Ice Data Center
Extent of Arctic summer sea ice

Still, Shaw was unperturbed. “Glaciers, oceans and temperature—none have been doing what the models suggest.”

(For the record, the IPCC reported: “Over the last two decades, the Greenland and Antarctic ice sheets have been losing mass, glaciers have continued to shrink almost worldwide, and Arctic sea ice and Northern Hemisphere spring snow cover have continued to decrease in extent.”)

David Sassoon, the Inside Climate News publisher, looked a man who had gotten off at the wrong stop and found himself in Crazytown.

“Let’s not argue science,” said Sassoon to Shaw. “You’re not a climate scientist. … It’s silly for us to be arguing over science. That’s what’s been going on for 20 years and in that time a lot more could’ve been done to resolve differences and take action. Let’s not waste any more time on that.”

Texans believe climate change is happening and that government should take action. Yet, we’re almost evenly divided about whether there is agreement among scientists.

Yale climate poll of Texans
Yale University
Yale climate poll of Texans

I wonder why.

U.S. District Judge Lynn Hughes
U.S. District Judge Lynn Hughes

A federal judge in Houston who made bizarre remarks during a hearing on a racial discrimination case he’s overseeing will not step down. A 5th Circuit ruling last week, rejecting a petition to have Hughes recused from the case, appears to be the final word on the matter.

Jitendra Shah, an Indian-American engineer, sued the Texas Department of Criminal Justice in July 2012, alleging that the agency had discriminated against him on the basis of his race and religion. Shah wants U.S. District Judge Lynn Hughes, a 72-year-old Reagan appointee, to recuse himself from the case because of comments Hughes made during a December pre-trial hearing.

In that ex parte hearing, during which only TDCJ lawyers were present, Hughes launched into a colloquy on Adolf Hitler’s use of swastikas, the origin of Caucasians and the futility of diversity programs at universities. He quoted Eleanor Roosevelt opining that “staffs of one color always work better.” It is not the first time Hughes’ views on race during discrimination cases have attracted attention. In January, the 5th Circuit admonished Hughes for dismissing a racist slur as “political” and opining that “no black individually and no blacks collectively owns [sic] the sensitivity rights to fried chicken or anything else.”

In January, Shah asked Hughes to recuse himself from the case, arguing that the judge had demonstrated bias and couldn’t rule on the case impartially. Hughes refused to rule on the motion and Shah took the matter to the 5th Circuit Court of Appeals. Last week, the 5th Circuit rejected Shah’s petition and Hughes remains on the case. In a filing with the court, the judge defended his remarks. “Discussion of history and race does not evince a bias against people who are Indian, Hindu, both, or anyone else,” he wrote.

Complaining that diversity directors make too much, Hughes told the TDCJ attorneys, Allan Cook and Jonathan Stone, “Why don’t they just hire people on ability and let diversity take care of itself? And what does the diversity director do? Go around and painting students different colors so that they think they were mixed?”

Later, the judge engaged in a back-and-forth with Cook on Shah’s race in which he declared Shah to be “Caucasian” and attempted to describe, Hughes later explained, “how a Sanskrit word for good luck became a symbol of a North-European political movement.” Judge for yourself.

JUDGE HUGHES: Well, what race is he to the extent those are meaningful at all?

STONE: He’s–he’s Asian, I think he said.

JUDGE HUGHES: That doesn’t-

COOK: I thought he said he was Hindu.

STONE: No. Yeah. When we asked him what race he was, he said his race was Hindu. So-

COOK: Right. And his religion was also Hindu.

JUDGE HUGHES: All right. So, he’s Caucasian?

COOK: No. He’s Indian.

JUDGE HUGHES: They’re Caucasian.

COOK: Okay.

JUDGE HUGHES: All right.

COOK: Okay.

JUDGE HUGHES: That’s where we came from.

COOK: All right.

JUDGE HUGHES: That’s why Adolph Hitler used the swastika.

COOK: Well–

JUDGE HUGHES: It was a symbol of good luck.

COOK: -Right.

JUDGE HUGHES: -in going in Sanskrit to the Aryan people which he claimed a bunch of Germans were. They act a lot like Germans.

According to Hughes, “they act a lot like Germans” was a “criticism of the current in German thought… that has called for a return to a mythical glory of the race when they were dominant.” He did not explain who the “they” was. Shah claims that the judge was referring to people of Indian descent and his comment “establishes that Judge Hughes harbors a bigoted, stereotyped view of Indians (as well as Germans).”

As to why he labeled Shah Caucasian, Hughes explained that he was referring to the anthropological understanding of the term, “a cluster of people stretching from Europe through the Caucasus Mountains to India” and a “crude allocation of seven billion people into three groupings.”

“Groups that broad may have minor genetic unity, but knowing that is inadequate for pubic [sic] decision-making.”

Hughes also mused on an Indian-American’s position in the workplace.

JUDGE HUGHES: The fact that he’s the only Indian there is a fact in the department’s favor. It would be real easy not to hire the first Indian.

COOK: It would be hard not to hire an Indian engineer, though.

JUDGE HUGHES: No.

COOK: A lot of engineers out there are Indian. And they actually offered a job to one recently who turned it down.

JUDGE HUGHES: Oh. But that’s when you’re hiring on merit. But sometimes people decide—Eleanor Roosevelt said staffs of one color always work better. They don’t put that on the postage stamp. But when you hire somebody who applies and there’s nobody else like them, isn’t that what you’re supposed to do?

COOK: Sure.

JUDGE HUGHES: And then you kept him a long time.

COOK: Kept him a long time.

JUDGE HUGHES: All right. Well, I think it’s time for you to move to summary judgment.

Hughes defended his comments, writing that “the point of the court’s statement that it would be easy not to hire the first Indian person in a workplace; that is how people discriminate.”

Hughes also establishes that some of his best friends are Indian. “The court’s asserted hostility to Indians would surprise its immigrant or first-generation Indian doctors, friends, law clerks, and interns.”

bolivar house
Forrest Wilder
A dilapidated house on Bolivar Peninsula, summer 2011.

Last week marked the fifth anniversary of Hurricane Ike, the third costliest hurricane in U.S. history but also one that received relatively little attention from the national media. Ike devastated Galveston Island, parts of the mainland and nearly wiped the Bolivar Peninsula communities of Crystal Beach and Gilchrist off the map (who could forget this iconic image?). The storm took the lives of 112 people and did $30 billion worth of damage. More than 100,000 homes and businesses were flooded.

I’ve been following the story of the recovery off and on for five years now, especially the housing component. In 2008, the federal government awarded Texas $3.1 billion to spend on long-term recovery. Despite the devastation being concentrated in urban or semi-urban Galveston County, Rick Perry put the Texas Department of Rural Affairs in charge of the infrastructure component, disbursing money down to the locals through an inexplicably complex process.

A tiny agency, TDRA hired the job out to a contractor, HNTB, which frittered away money on administrative costs and got little accomplished.

TDRA proved to be such a disaster that the agency was later folded into the Texas Department of Agriculture.  On the housing side, the Texas Department of Housing and Community Affairs didn’t do much better. The head of that agency resigned in 2011 and authority over the funding was moved to the General Land Office.

I did some extensive reporting on the pace of recovery on Bolivar Peninsula in 2011 and what I found was that only a tiny fraction of the aid had reached the storm victims. The folks I met were by and large upset, frustrated and left wondering what in the hell had gone wrong. At that point, three years after Ike struck, Texas had spent less than 3 percent of the $1.7 billion earmarked for housing. Statewide, just 36 new homes had been built.

Bolivar Peninsula after Hurricane Ike
AlphaTangoBravo / Adam Baker on flickr
Bolivar Peninsula eight months after Hurricane Ike

Two years later, and five years after the storm, only 41 percent of all the homes have been rebuilt or rehabilitated, according to data I obtained from the General Land Office. Of the $1.6 billion the state expects to spend on housing, it’s only paid out $488 million, or a little more than 30 percent.

Nowhere has the pace of recovery been more fitful and contentious than Galveston Island.

Although natural disasters can bring communities together in extraordinary ways, the long, tedious haul of rebuilding is often when the fault lines are exposed. Almost as soon as people returned to Galveston after Ike, there were calls to not rebuild the three public housing buildings damaged by the storm. Some of Galveston’s poorest residents lived here and they felt abandoned and hurt when it seemed the rebuilding effort wouldn’t include them. Five years later, after much racially-charged political upheaval, not a single public housing unit has been rebuilt, despite legally binding agreements to replace all 569 units. Thousands of people are on a waiting list to move in.

A slate of virulently anti-public housing—critics say, anti-poor—candidates backed by a hard-right tea party campaign were elected to city council last year on a pledge of massive resistance to rebuilding the units. However, the General Land Office pledged to halt all of Galveston’s aid totaling hundreds of millions. Stuck, the city reluctantly capitulated. As a sign of goodwill, the GLO released a tranche of $17 million for road projects in July “in recognition of the city’s improved cooperation,” wrote GLO spokesman Jim Suydam in an email.

Still, even on a fast timeline, the first public housing units won’t be reopened until October 2014, at the earliest. City leaders are also aggressively opposed to rebuilding so-called scattered sites, subsidized apartments that would be dispersed around the island.

What you’re left with is a picture of a largely dysfunctional recovery process that has a disproportionate impact, as always, on the poor. This is not just anecdotal, as the Houston Chronicle found.

Scores of vacant lots and empty houses in Galveston’s minority neighborhoods are mute evidence of the lingering effects of the destruction wrought by Hurricane Ike five years ago.

“Vacant house after vacant house after vacant house,” said David Miller, president of the local NAACP chapter, on a drive through Galveston’s low-income areas.

[…]

[D]ata from the Galveston Central Appraisal District show that more than 4,000 properties that suffered 50 percent or more damage have yet to be repaired or rebuilt. Studies by Texas A&M University show that housing in minority and low-income areas suffered proportionately more damage and were the slowest to rebuild.

Of course, a poor man’s crisis is sometimes a rich man’s boon.

By scouring shabby properties from the map, the hurricane opened the way for more expensive development that is changing the character of many neighborhoods. “It gave the island a chance to upgrade some of those distressed properties,” said Kelly Kelley, a Galveston Island real estate agent.

Drilling rig near a house in Karnes County

Updated below with comments from TCEQ

Unlike North Texas’ Barnett Shale play, South Texas’ Eagle Ford fracking bonanza has never received the close scrutiny of fracking skeptics, researchers and regulators. Part of that is because Eagle Ford production didn’t really take off until 2011. It’s also much more sparsely populated than some of the fast-growing parts of the Barnett Shale, especially around Fort Worth and Denton. And, frankly, a lot of people are getting oil-rich from leases or work in the oilfield making decent pay.

A new 47-page report from Earthworks, released this morning, takes a sobering look at the potential health risks from fracking-related air pollution in Karnes County, one of the epicenters of the Eagle Ford Shale. The title offers a sense of its findings: “Reckless Endangerment While Fracking the Eagle Ford: Government Fails, Public Health Suffers and Industry Profits from the Shale Oil Boom.”

“At this point you have to ask the question: Are the regulators only there to create the perception of regulation so the oil and gas industry can do whatever it wants?” said Earthworks spokesperson Alan Septoff.

Drawing on a mixture of government documents, direct air testing and the stories of people in the shale, Earthworks concludes that “air pollution from oil and gas development in the Eagle Ford Shale definitely threatens, and likely harms, the health of Karnes County Texas residents.”

The report focuses on one family in particular as a sort-of case study: the Cernys of Karnes County. Their country home is within two miles of 37 oil and gas facilities, 18 of which have been drilled and fracked within a mile of their house since November 2010. The Cernys, including their 15-year-old son, complain of fatigue, nasal irritation, throat problems, burning eyes, joint pain, severe headaches, dry eyes, nosebleeds and other health problems they associate with emissions from nearby oil and gas activity.

In their research, the Earthworks team discovered that investigators from the Texas Commission on Environmental Quality had documented high, even dangerous levels, of pollutants emanating from nearby facilities.

For example, in 2012, TCEQ inspectors visited the Sugarhorn Central Facility, a site operated by Marathon Oil about 1.3 miles from the Cerny home, four times. On two occasions, inspectors with handheld detectors found concentrations of volatile organic compounds—a class of chemicals that includes the carcinogen benzene—that would normally lead to collecting canister samples to be sent to a lab for further testing. But, instead, the state inspectors deemed the levels “too high to safely obtain the samples.”

On another occasion, in August 2012, inspectors wielding an infrared camera happened to catch emissions pluming out of storage tanks at the same site. More than three months later, the company finally filed a report with TCEQ on what happened. The tanks had been venting volatile organic chemicals—which includes benzene and toluene—at 514 times the maximum allowable rate, and hydrogen sulfide at 112 times the allowable rate In August and September 2012, the site had emitted about 69 pounds of benzene, according to the company’s filing.

Although TCEQ issued violation notices to Marathon for exceeding its air permit and not reporting the incident within 24 hours, no fine or penalty was ever levied by the agency.

In a statement, TCEQ said it had collected “several millions of data points for volatile organic compounds” in the Barnett and Eagle Ford Shale plays. “Overall, the monitoring data provide evidence that shale play activity does not significantly impact air quality or pose a threat to human health.”

At another Marathon site, a little over a mile from the Cerny home and even closer to other residences, inspectors detected VOC concentrations of 1,100 parts per million. “The Recon team evacuated the area quickly to prevent exposure,” a report from TCEQ stated. “This facility is less than a mile from Complainant’s residence.”

Were the Cernys or their neighbors in danger of being exposed to unhealthy levels of pollution? There’s really no way of knowing, the report points out. “It is extremely troubling that there is apparently no step taken to either warn nearby residents of the chemicals in the air,” it states, “or to take canister samples at nearby receptors in order to try to determine residents’ potential exposure to the chemicals emanating from the facilities.”

TCEQ criticized Earthworks’ account as incomplete. “[T]heir report does not point out that Marathon personnel were contacted and made aware of the [TCEQ] team’s findings” and the leaking valve was fixed the same day, an agency statement said. TCEQ did not address why its inspectors apparently did not notify nearby residents or take canister samples.

The agency also defended its enforcement record in the Eagle Ford Shale, noting that it has issued 187 notices of violation in the area since September 2010, and launched 408 investigations in the last year.

“The TCEQ has a vigorous, effective enforcement operation in the Eagle Ford Shale, and when problems are detected, the TCEQ makes sure they are rapidly fixed,” TCEQ wrote in a statement.

Earthworks conducted its own on-the-ground investigation, using infrared cameras and canister samples taken from the Cernys’ property an a nearby drilling site. The air testing found that VOCs at the Cerny home were well below levels that TCEQ considers to be of concern. At the drilling site, benzene levels were 20 times TCEQ’s acceptable long-term “air monitoring comparison value.”

In March, Earthworks also drove around Karnes County with an infrared camera of the type state environmental investigators use. The group claims to have documented “numerous emissions” from facilities, including evidence of a broken flare at a Marathon facility first flagged by TCEQ in September.

The report doesn’t, and perhaps can’t, establish a direct, irrefutable link between the Cernys’ health problems and the oil and gas activity in their area. But it does call attention to the severe limitations in Texas’ oversight system. As Earthworks points out, TCEQ has established a network of 24/7 air monitors in the Barnett Shale, providing at least some real-time data to citizens concerned about fracking-related air pollution. No such system is in place in South Texas, although the agency apparently has plans for one monitor in Wilson County, southeast of San Antonio. It’s all little comfort for the Cernys.

“This isn’t living anymore. It’s just existing, and wondering what you are going to breathe in next,” Mike Cerny is quoted as saying in the report.

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